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Madras High CourtWP(MD)/7581/2026disposed of

Nallammal, v. The District Collector,

2026-03-23Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Nallammal ... Petitioner vs.

1.The District Collector, Collectorate, Karur Dindigul Road, 2.The Tahsildar, (Monitoring Committee), Kulithalai Tahsildar Office, Kulithalai Taluk, 3.The Revenue Inspector, Thogaimalai Panchayath, Kulithalai Taluk, 1/6

4.The Village Administrative Officer, Kalladai Village, Kulithalai Taluk, 5.Manickam ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to remove the tin shed and the debris and sand put up unlawfully by blocking the Panchayat pathway under the Survey Nos.800/10, 800/42 and 800/43 by considering the petitioner's representation dated 09.02.2026 within the time stipulated by this Court.

For Petitioner : Mr.D.Boopal For Respondents : Mr.D.Sasikumar (R1 to R4) Additional Government Pleader

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking a direction to the respondents to remove the tin shed, debris, and sand unlawfully placed by blocking the Panchayat pathway in Survey Nos. 2/6

800/10, 800/42, and 800/43, by considering the petitioner's representation dated 09.02.2026.

2.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 3.Mr.D.Sasi Kumar, learned Additional Government Pleader, accepts notice for the respondents 1 to 4. Considering the limited relief sought by the petitioner, notice to the fifth respondent is dispensed with. 4.It is the contention of the petitioner that she is residing in Alaganampatti Village in her property situated in Survey No. 800/26. The access to her property is through Survey Nos. 800/42 from the south, 800/43 from the east, and 800/10 from the north, which connect Alaganampatti to the Melaveliyur main road. It is alleged that the neighbouring residents have unlawfully erected a tin shed blocking the entire access from all directions and have also stored debris and sand in the southern lane. As a result, the 3/6

petitioner is completely deprived of access. It is further contended that the said pathways are common properties and cannot be obstructed by any individual. Hence, the present Writ Petition. 5.The learned Additional Government Pleader appearing for respondents 1 to 4, on instructions, submitted that the petitioner's representation dated 09.02.2026 would be considered and that the authorities concerned would conduct a survey of the land in question in the presence of all the parties concerned. He further submitted that appropriate action would be taken to remove the encroachment, if any.

6.In such view of the matter, the authorities concerned are directed to conduct a survey in the place in question, after issuing notice to the petitioner, the fifth respondent and all other parties concerned, if any, within a period of two weeks from the date of receipt of a copy of this order. If the survey reveals any encroachment, the authorities concerned shall take necessary action for the removal of such encroachment, after affording 4/6

sufficient opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of three months thereafter. 7.With the above directions, this Writ Petition is disposed of. No costs. [N.S.K.,J.] [M.J.R.,J.] 23.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector, Collectorate, Karur Dindigul Road, 2.The Tahsildar, (Monitoring Committee), Kulithalai Tahsildar Office, Kulithalai Taluk, Karur District.

3.The Revenue Inspector, Thogaimalai Panchayath, Kulithalai Taluk, Karur District.

4.The Village Administrative Officer, Kalladai Village, Kulithalai Taluk, 5/6

N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

ps ORDER MADE IN DATED : 23.03.2026 6/6